1971-05-25 SPM1648
A Special Meeting of the Town Board of the Town of Wappinger was
held on May 25, 1971, at the Town Hall, Mill Street, Wappingers
Falls, New York.
Notice of the Special Meeting was mailed to each member on May
18, 1971, for a meeting to be held May 25, 1971 at 7:00 P.M., for
the purpose of the L&A rates and any business that may properly
mule before the Board.
Supervisor Diehl called the meeting to order at 7:43 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Harry Holt, Councilman
James Mills, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Allan Rappleyea, Attorney to the Town
The following letter was read:
May 17, 1971
Mr. Louis D. Diehl
Supervisor for the Town Board
Mill Street
Wappingers Falls, New York
Dear Mr. Diehl:
Thank you for your letter of May 11. It doesn't appear
to me that the information -L& A presented to the Town Board
on May 10 is responsive to the concluding paragraph of my
memorandum forwarded to Mr. Rappleyea on April 12._
You may recall that I stated that the best information
the Town Board could be provided, would be the financial
statements of the filtration company. This would include
Balance Sheets and Income Statements.
It seems to me that these same financial statements would
fill part of the requirement of annual report filing, which is
as I understand it, L&A has been asked to provide the Town Board.
Therefore, I would advise that L&A again be asked to provide the
information.
It seems to me that more than just "any answer" with respect
to the rates is not good enough. The Town Board has the respon-
sibility of providing an accurate answer, and it is my judgment
that they could best do this with the help of a complete finan-
cial report of the filtration corporation.
Very truly yours.
s/ Edward J. Brennan
1 64 8
MR. HOLT moved that Supervisor Diehl be directed to request said
information asked for by Mr. Brennan.
Seconded by: Mr. Mills
Motion Unanimously Carried
The following letter was read:
May 24, 1971
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Re: Amendment to Zoning Ordinance -Town of Wappinger
Gentlemen:
I prepared, at the request of Councilman Clausen, an
amendment to the Zoning Ordinance to the Town of Wappinger.
This amendment provides, in general, that the lot sizes may
be diminished in the event public or community water -or
sewer systems are installed in subdivisions, provided that
the property was in the R-40 or RD -40 classification, In
fact, it would eliminate the provision which would permit
property in the R-20 and RD -20 zone to be divided into lots
of 15,000 square feet in the event of the installation of public
or community water.
This ordinance must be referred to the Town of Wappinger
and County Planning Board and the towns adjoining the Town of
Wappinger. Thereafter a public hearing must be conducted.
Very truly yours,
s/ Allan E. Rappleyea
Mr. Clausen commented that the Zoning Ordinance, prior to the
Town working towards a municiple sewer system, allowed for
developers to go down to the next higher density, from R-40 to
R-20 and from R-20 to R-15, if central water and sewer was pro-
vided, but since the Town is on record as working towards central
water and sewer, he thinks the higher density R-15 should be
removed from the Ordinance. This would not eliminate existing
areas presently -zoned R-15, only prevent developers from -develop-
ing R-20 areas as R-15.
The following Ordinance was introduced.by COUNCILMAN CLAUSEN.
who moved its adoption:
BE IT RESOLVED AND ORDAINED by the Town Board of the Town
of Wappinger, Dutchess County, New York, pursuant to laws of the
3
State of New York, that the Town of Wappinger Zoning Ordinance
adopted January 29, 1963, as amended from time to time, it is
hereby further amended as follows:
Section 1.
Section 412.02 is -hereby amended to read as .follows:
"Section 412.02 Subject to the approval of the Planning
Board in its subdivision review, development in any RD -40
or R-40 districts may, take place at the minimum lot size and
dimensions permitted in the next less restrictive district,
provided that -public or community water and sewer facilities
systems, meeting the requirementscof the Dutchess County
Department of Health and the_New York, State Department of
Health are provided by the developer at no expense to the
Town, except that in no area shall these minimum lot sizes
and dimensions be less than those prescribed in the least
restrictive residential district. Before taking action on
such a development, the Planning Board shall obtain, at the
applieant's expense, a written report and analysis of such
public water and sewer facilities, prepared by a duly author-
ized engineer as licensed by the State of,New York. The extent
and coverage of this report shall be reviewed for adequacy by
the Town's Engineer. After receiving such report and analysis,
there shall be a public hearing, in the same manner as required
by law in subdivision review."
Section 2.
This ordinance shall take effect immediately upon adoption,
posting and publication, as provided by Town Law.
MR. CLAUSEN moved that the above ordinance amending the Zoning
Ordinance of the Town of Wappinger be referred to the Dutchess
County Department of Planning, Town of Wappinger Planning Board,
and the Towns adjoining the Town of Wappinger.
Seconded by Mr. Holt
Motion Unanimously Carried
An Order, in the matter of the establishment of the Wappinger
Sewer Improvement #1 in the Town of Wappinger Dutchess County,
New_York, pursuant to Aricle 12c of the Town Law, was read.
MR. CLAUSEN moved the rules be suspended to permit discussion
from the floor, seconded by Mr. Finnan and carried.
Malcolm Cornell, 7 Anvil Court, brought up his proposal for a
Wappinger Sewer District. He also took exception to the descrip-
tion saying he felt part of the descriptions were wrong. He asked
the Town Board not to take action until a hearing is set up on the
comparisons of his proposal and the Towns', bring it before the
people and let the chips fall where they may. He cautioned the
Board to think before they took action because he said it would
bring repercussions.
Louis Eck; Hopewell Road, said don't put off the sewer plan, the
Board has gone through the schemes from Adler Brenner and Rudolph
Lapar and if Mr. Lapar had used the same figures as Brenner, it
would come out with less of a cost then Brenners. He said to get
this Sewer Improvement off the ground.
Fred DiMaria, Split -Tree Drive, said the thing that -disturbs him
was the use'of a wet weather stream, he'd hate to see a health
hazard because of a sewer system in the future. This fact should
be taken into consideration.
Mr. Lapar pointed out that use of the Wappingers Creek for release
of effluent flows into the Wappingers Lake, and again, this lake
is a potential recreational area, thereby the eventuality would be
piping to the river. As far as the dry stream is concerned, the
effluent from a tertiary plant is drinkable, the county is preparing
to ban phosphates, and the overall plan is either to the Village
of Wappingers Falls or somewhere down on the river.
Bob Camoin asked to explain the difference between Brenners plan,
that calls for rates around $100, and the Town's plan, that comes
to around $180 per year. Mr. Lapar said that using Brenners' figures
he comes out to about $102 a year, but would not recommend to the
Board it base a bond issue on these figures, as he contends the
Town would run out of money, and the project wouldn't get done.
Fabian Adler spoke on behalf of his and Mr. Brenner's plan. Mr.
Lapar and Mr. Rappleyea engaged in technical discussion on both
plans.
Mr. Cornell, Mr. DiMaria, Mr. Cortellino, and Mr. Uhle asked
questions of the two engineers and the ettorney, all basically
questions brought out at the public hearing.
Mr. Lafko commented, on -several points indicating, among other things,
what he considered the difference between the two systems, that Mr.
164.
Lapar has a 300,000 gallon plant to treat sewage, the other report
has 460,000 gallon plant, and Mr. Lapar's plan calls for up to
32" pipe, larger than presently needed, a burden on the taxpayer,
and a direct detriment to have big size pipe with a,low flow. The
other part of Mr. Lapar's plans doesn't include Quiet Acres, Scenic
Gardens or White Gates. With Brenner's plan every sewer problem
in the Town can be resolved, except Montclair, Fleetwood and Revere
Ridge. He continued on cohparisons of the two plans, and ending
by saying what the Board was playing with was the difference
between 41/2 million and 4 million, 30 years against 40 years bonding,
and, the extra ten years would cost an additional million, also,
with the Brenner plan there wouldn't be any worry of State or
Federal aid.
MR. CLAUSEN moved the rules be resumed, seconded by Mr. Finnan
and carried.
The Order, in the matter of the establishment of the Wappinger
Sewer Improvement #1 in the Town of Wappinger, Dutchess County,
New York, pursuant to Article 12c of the Town Law, was placed
before the Board for their consideration: Upon motion of SUPERVISOR
DIEHL, seconded by Mr. Holt and unanimously passed, the Order was
adopted. (The Order, In the Matter of the Establishment of the
Wappinger Sewer Improvement #1 in the Town of Wappinger, Dutchess
County, New York, pursuant to Article 12c of the Town Law is
annexed hereto and made part hereof of the Minutes of this Meeting.)
Supervisor Diehl called for a 15 minute recess at 9:10 P.M.
Supervisor Diehl called the meeting back to order at 9:40 P.M.
•
All Board members were present except Mr. Mills, who excused himself
in order to attend a meeting of Southern Dutchess 1990.
The following resolution was introduced by COUNCILMAN FINNAN,
who moved its adoption:
BE IT ENACTED BY THE TOWN BOARD OF:THE TOWN OF WAPPINGE R;
as follows:
(
Section I.
The term of the office of the Town Clerk of the Town of
Wappinger shall be four -years'. Such term of office shall commence
on the 1st day of January next succeeding the next regular biennial
election at which the Town Clerk is to be elected.
Section 2.
This Local Law is subject to a mandatory referendum.
Section 3.
This Local Law shall become operative only if approved at a
special election by the affirmative vote of the majority of the
qualified electors of the Town of Wappinger voting upon the
proposition and upon filing and publication in accordance with
the provisions of the Municipal Home Rule Law.
Seconded by: Mr. Holt
The following resolution was introduced by COUNCILMAN FINNAN
who, moved its adoption:_
BE IT RESOLVED AND ORDAINED by the Town Board of the Town of
Wappinger that the Town Board shall conduct a public hearing in
the Town Hall, Mill Street, Wappingers Falls, New York, on the
14th day of June 1971, at 7:30 o'clock P.M. Eastern Daylight
Savings Time, for the purpose of hearing all persons concerning
the adoption of a Local Law entitled,
"A Local Law Providing that the Term of the Office of Town
Clerk for the Town of Wappinger Shall be Four (4) Years"
Seconded by: Councilman Holt
Roll Call Vote: 4 Ayes 0 Nays Mr. Mills Absent
The following resolution was introduced by COUNCILMAN FINNAN,
who moved its adoption:
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WAPPINGER,
as follows:
Section I.
The term of the office of the Superintendent of Highways of
the Town of Wappinger shall be four (4) years.' Such term of office
shall commence on the 1st day of January next succeeding the next
regular biennial election at which the Superintendent of Highways
is to be elected.
Section 2.
This Local Law is subject to a mandatory referendum.
Section 3.
This Local Law shall become operative only if approved at a
special election by the affirmative vote of the majority of the
qualified electors of the Town of Wappinger voting upon the
proposition and upon filing and publication in accordance with
the provisions of the Municipal Home Rule Law.
Seconded by: Councilman Holt
The following resolution was introduced by COUNCILMAN FINNAN,
who moved its adoption:
BE IT RESOLVED AND ORDAINED by the Town Board of the Town
of Wappinger that the Town Board shall conduct a public hearing
in the Town Hall, Mill Street, Wappingers Falls, New York, on
the 14th day of June 1971, at 7:45 o'clock P.M., Eastern Daylight
Savings Time, for the purpose of hearing all persons concerning
the adoption of a Local Law entitled,
"A Local Law Providing that the Term of the Office of
Superintendent of Highways for the Town of Wappinger Shall Be
Four (4) Years."
Seconded by: Councilman Holt
Roll Call Vote: 4 Ayes 0 Nays Mr. Mills Absent
Mr. Diehl commented that a letter had been received from the
Receiver of Taxes concerning a proposed policy for collection of
the sewer and water rents of the districts, and also a request for
increase in salary to compensate for additional bookkeeping and
collection. He requested this matter be tabled until the Regular
Meeting in June.
MR. FINNAN moved the meeting be adjourned, seconded by Mr. Holt,
and unanimously carried.
Meeting adjourned at 9:45 P.M.
C C. LC \`'
Elaine H. Snowden
Town Clerk
Spec. 5/25/71
Pte,
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
8 LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK
12601
•
•
At a meeting of the Town Board of the Town of Wappinger held
at the Town Hall in the Village of Wappingers Falls, Dutchess
County, New York, on the 25th day of May, 1971.
Present:
Louis D. Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Harry F. Holt, Councilman
James Mills, Jr., Councilman
Absent: None
IN THE MATTER OF THE ESTABLISHMENT OF
THE WAPPINGER SEWER IMPROVEMENT #1 IN
THE TOWN OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK, PURSUANT TO ARTICLE 12c OF
THE TOWN LAW.
WHEREAS a map, plan, and report have been prepared in such
manner and in such detail as has heretofore been determined by
thw Town Board of the Town of Wappinger relating to the Establish-
ment of a proposed Sewer Improvement Area known as the Wappinger
Sewer Improvement ##'1 in the Town of Wappinger, Dutchess County,
New York, pursuant to Article 12c of the Town Law, and
WHEREAS said map, plan, and report have been duly filed in
the Clerk's office of the Town of Wappinger for public inspection;
and
WHEREAS said map, plan, and report were prepared by Rudolph E,
LaPar, a competent engineer, duly licensed by the State of New
York, showing the boundaries of the proposed district and a
general plan of the sewer system, and
WHEREAS an order was duly adopted by the Town Board on May 3r:1,
1971, reciting the filing of said map, plan, and report, the im-
provements proposed, the boundaries of the proposed improvement
area,;and the estimated expenses thereof and specifying May 17th,
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
8 LAFAYETTE PLACE
POUGHKEEPSIE. NEW YORK
12601
1971, at 7:30 p.m. as the time in the said Town Hall in the said
Town of Wappinger, as the plane where the said Town Board would
meet to consider the map, plan, and report and to hear all persons
interested in the subject thereof, concerning the same, and
WHEREAS, a hearing in the matter was duly held by the Board
on this 17th day of May, 1971, commencing at 7:30 p.m. at the
Town Hall in the said Town and considerable discussion upon the
matter having been had and all persons desiring to be heard
having been duly heard including many of the residents in per-
son and various other persons speaking in favor of the establish-
ment of the proposed improvement area;
NOW, upon the evidence given upon such hearing and upon
motion of Mr. Diehl , Supervisor, seconded by
Mr. Holt , Councilman and unaminously passed, it is
RESOLVED AND DETERMINED, that (a) the map, plan, and report
has been filed with the Town Clerk of the Town of Wappinger for
public inspection and it duly complies with Article 12c of the
Town Law and it is otherwise sufficient; (b) all the property
and property owners within the proposed improvement area are
benefited thereby; (c) all the property and property owners
benefited are included within the limits of the proposed improve-
ment area; and (d) it is in the public interest to establish the
Wappinger Sewer Improvement #1; and it is further
RESOLVED AND DETERMINED, that the establishment of a sewer
improvement area as proposed in said map, plan, and report be
approved; that the improvement therein mentioned be constructed
and the service therein mentioned be provided for upon the re-
quired funds being made available or provided for; and that such
improvement area shall be designated and known as the "Wappinger
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Gf
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
6 LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK
12601
Sewer Improvement #1" and shall be bounded and described as
follows:
Beginning at a point on the northerly side of Meyers Corners
Road, said point being opposite the intersection of Meyers Corner;.
Road, and Losee Road, said point also being Village of Wappingers
Falls, Town of Wappinger Town line, thence along the Village -
Town line 2,490± feet to a point, said point being the eastern
corner of lot 34, block 1, tax map 39 and the southwest corner of
lot 2.4, block 1, tax map 39, thence northerly across lot 2.4,
block 1, tax map 39, and along the westerly line of lot 1.1,
block 1, tax map 41, 3,240± feet to the southern side of Widmer
Road, thence westerly along the southern line of Widmer Road
187± feet, thence along the northern property lines of lots 1.1
and 6.1, block 1, tax map 41, and lot 411, block 1, tax map 42
(including touching the southern line of Widmer Road 3 times)
6,935± feet to a point, said point being the southwest corner of
lot 5, block 1, tax map 42 and also the northwest corner of lot
5.2, block 1, tax map 42, thence along the northerly and/or
easterly lines of lots 5.2 and 6, block 1, tax map 42 and lot 4,
block 1, tax map 43 and crossing New Meyers Corners Road, 10,800±
feet to a point on the northern side of Old Meyers Corners Road,
thence in a southerly direction crossing Old Meyers Corners Road
and along the generally easterly lines of lot 12, 13, 14, and 15,
block 6, tax map 44, 3,800± feet to the northerly line of Kent
Road, thence in a southerly direction crossing Kent Road and
along the generally west or northwest lines of lot 77, lot 45.1,
and lot 46.121 of block 1, tax map 45 and lot 5, block 1, tax
map 47, 8,670± feet to the northern side -of Hopewell Road, thence
in a southwesterly direction crossing Old Hopewell Road and
ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
6 LAPAYETTE PLACE
POUGHKEEPSIE, NEW YORK
12601
westerly along the south side of Old Hopewell Road 270± feet to
a point, said point being the northwest corner of lot 2, block 1,
tax map 63, thence in a southwesterly direction along the easter-
ly lines of lot 1, lot 15 and lot 14, block 1, tax map 63,
4,450± feet to the northern line of Theresa Boulevard, and cross-
ing Cedar Hill Road 470± feet to a point on the western side of
Cedar Hill Road, thence in a southerly direction along the wester-
ly line of Cedar Hill Road 1,250± feet to a point, said point
being the northeast corner of lot 9, block 1, tax map 66, thence
in a generally southwest direction along the northerly and
westerly lines of lots 9, 8,07, 6, 5, 4, 3, 2.1 and 1, block 1,
tax map 66, 3,250± feet to a point, said point being the south-
west corner of lot 77, block 1, tax map 62, thence in a northerly
direction along the westerly and northerly lines of lot 77, 76,
75, 41, 40, 39, 38, 37, 35, 34, 33, 32, 22, 20, and 10, block 1,
tax map 62, 6,820± feet to the southern side of Hopewell Road,
thence easterly along the southern line of Hopewell Road 730±
feet to a point, thence in a northerly direction crossing Hope-
well Road and along the westerly lines of lot 5, block 1, tax
map 49 and also lot 35 and 10, block 1, tax map 50 and crossing
Meyers Corners Road 6,250± feet to a point on the northern side
of Meyers Corners Road, thence westerly along the northern line
of Meyers Corners Road 880± feet to the point or place of
beginning and it is further
RESOLVED, the the proposed improvement, including costs of
rights of way, construction costs, legal fees and all other ex-
penses shall be financed as follows: by a bond issue extending
over a forty year life period, and it is further
RESOLVED, that the Town Clerk of this Town sha11;within ten
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ALLAN E. RAPPLEYEA
ATTORNEY AND
COUNSELLOR AT LAW
6 LAFAYETTE PLACE
POUGHKEEPSIE, NEW YORK
12601
•
days after the adoption of this resolution file certified copies
thereof in duplicate in the office of the State Department of
Audit and Control at Albany, New York, together with an applica-
tion by this Board in duplicate for permission to create such
improvement area as provided for by the Town Law, Section 209Q;
and that such application shall be executed by and in behalf of
the Town Board by the Supervisor of the Town.
STATE OF NEW YORK
COUNTY OF DUTCHESS ) SS.:
TOWN OF WAPPINGER )
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger,
Dutchess County, New York, DO HEREBY CERTIFY that I have compared
the preceding resolution attached hereto with the original there-
of filed in my office at Wappingers Falls, Dutchess County, New
York, on the a.? day of
1971, and that the same
is a true and correct copy of said original and of the whole
thereof.
IN TESTIMONY HEREOF, I have hereunto set my hand and af-
fixed the seal of the said Town of Wappinger this l' day of
___Lajt_, 1971.
Town Clerk of the Town of Wappinger
Dutchess County, New York
SEAL OF THE TOWN OF WAPPINGER
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